Real Property Lease Defaults, Terminations and Recoveries

Rose Law Group has a dedicated group of lawyers who are devoted to serving the lease enforcement needs of commercial landlords. A specific strategy is developed for each lease default commensurate with the profile of the tenant, the guarantors (if any) and the square footage involved. Sometimes the lease will be terminated and sometimes the lease will be kept in force and effect without terminating the lease but with each subsequently accruing monthly rental installment being added to the amount of the judgment,

Besides litigation involving tenant breaches of leases and non-payment issues, critical disputes regarding CAM charges and prorations of CAM charges based on square footage are within the scope of the firm’s representation of landlord interests as well as issues related to alterations of the premises, failures to maintain and repair and failures to restore the premises at lease end.

Lease assignments which impact adversely upon use restrictions and  issues relating to co-tenancy clauses are also within the scope of the firm’s services to the commercial landlord community.

Tenant bankruptcy reorganizations require that commercial landlords be proactive to protect their rights. This includes motions to compel payment of post-petition administrative rent, motions to compel the debtors to accept or reject the executory lease contracts and negotiating protective terms when debtor tenants are  seeking to sell their leaseholds pursuant to Section 363 of the Bankruptcy Code. Proofs of claims for damages  based upon the rejection of long term leases pursuant to the formula set forth in Section 502(b)(6) of the Bankruptcy Code.

Suits and post-judgment collection efforts against lease guarantors are also within the range of services the firm offers to commercial landlords.

Attorneys of the Rose Law Group team possess numerous credentials attesting to their expertise and specialization in real property lease enforcement litigation and claims. These credentials include, but are not limited to, Certified Business Bankruptcy Specialist, American Board of Certification; Certified Creditors’ Rights Specialist, American Board of Certification; and Certified Bankruptcy Specialist, State Bar of Arizona Board of Legal Specialization.

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In The News

Phoenix delays decision on data center rules; Rose Law Group Founder and President Jordan Rose comments

(Disclosure: Rose Law Group represents a variety of data center developers and hyperscalers.) By Jorge Ramos | Phoenix Business Journal The city of Phoenix could soon become the latest city in the Valley to create guidelines to regulate data center developments, but the decision will have to wait until next month. Proposed amendments to both the general plan and zoning rules were

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Mesa board approves requests for residential development, with Rose Law Group land use and real estate transactions attorney, Jon Gillespie, representing the case

(CITY OF MESA) By Connor Van Ligten | YourValley The Mesa Planning and Zoning Board is set to vote Wednesday on whether or not to recommend the City Council approve a rezoning request and site plan review that would pave the way for a 45-unit multiple residence development. The meeting takes place at 4 p.m. April 9 at 57 E. First St. The request is for a site plan review and rezoning for a 3.5-acre site at the southwest corner of South Sossaman Road and East Main Street, according to board documents. The applicant

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